3. I am the plaintiff. If I do not serve the defendant with the writ properly, what may happen to my case?

3. I am the plaintiff. If I do not serve the defendant with the writ properly, what may happen to my case? 

If you do not comply with the rules on service, the consequences can be serious. Proper service is not just a formality. It gives the defendant formal notice of the claim and is usually the step which brings the defendant within the court’s jurisdiction. 

Possible consequences include:  

1. Service may be set aside 

If you use an incorrect method of service, serve at the wrong address, fail to comply with the rules, or fail to serve a properly sealed copy of the writ, the defendant may apply to set aside the service of the writ. 

2. The writ may expire before valid service is effected 

A writ is valid for service only for 12 months from the date of its issue. If it is not “duly served” within this window, it becomes ineffective for service unless the court grants a renewal. Furthermore, if you rely on registered post or letter box insertion, you must effect service at least 7 days before the writ’s expiry; otherwise, it will be deemed served too late. The writ can no longer be effectively served. For more information, please refer to “Can I issue a writ without serving it on the defendant?” 

3. Any default judgment may be set aside 

If you enter default judgment before the defendant’s time for acknowledging service has properly expired, or if the service was irregular, the defendant may be entitled to have the judgment set aside as of right. For more information, please refer to “What happens if the defendant does not file an acknowledgment of service form or a defence?” 

4. Your claim may become time-barred 

Compliance is a critical precaution near the end of a limitation period. If the limitation period expires and the service is later set aside, you may no longer be able to renew the writ or cure the defect in time. The court is often reluctant to renew a writ if the effect would be to deprive the defendant of a limitation defence that has already accrued. 

5. You may have to pay costs 

The court may order you to pay the defendant’s costs, sometimes on an indemnity basis. Even if the court later "re-grants" leave to serve, you will typically be ordered to pay all costs associated with the defendant’s application to discharge the original service.